Legal Question in Family Law in India

property rights

my mother has 5 brother and 3 sisters. Grand parents have died. (1)How much right the sisters have in the property. (2) how to get the property as it is under possession of brothersi.e my mamas(3) the brothers claim that the sisters have given the property rights to them through some signed document.My mother and sister say that they have signed some paper but they don't remember and may be the signature has been obtained by cheating


Asked on 6/07/07, 5:13 am

5 Answers from Attorneys

Vivek Mapara Mapara Law Firm

Re: property rights

The situation warrants filing of civil suit for share in property and declaration of the so signed deed as forged.

If the property was ancestral property then your mother and all her sisters will be entitled to 1/28 share in the propery.

If the property is not ancestral then your mother and all her sisters will be entitled to 1/7 share in the property.

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Answered on 6/07/07, 6:37 am
rajeshwar sharma rajeshwarnathsharma

Re: property rights

Your mother have equal share alongwith her brothers and sisters as a matter of legal right under succession law.

If the signature of your mother has been obtained or procured by her brother by cheating than your mother can lodged the complaint to police authorties and she can challenged the same in the court while demanding her due share in the properties. For further query contect me

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Answered on 6/07/07, 8:27 am

Re: property rights

Sisters have equal right in the property.If their signatures are obtained by fraud then they can approach the police for cheating/forgery etc. and also court to get the same declared as null and void and can also claim their share by way of partition.

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Answered on 6/07/07, 1:01 pm
G. M. Gupta gmguptaandassociates

Re: property rights

your mother has equal right in the property. file case for declaration that the documents are forged and file suit for partition.

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Answered on 6/07/07, 1:39 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: property rights

You mother and sister have signed the papers knowing well that they are transfering their share to the male members in the family which is legally permissible. They are not entitled to challege the transfer, if already made. If not, they can file a declaration that they do not intend to transfer their share to any other member of family.

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Answered on 6/07/07, 10:24 pm


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